We'll use the example the government likes to tout the most, which was the open-by-default procurement. It's challenge-based. Great. It took three months, A to Z. That's great, but they migrated into it some of these old contractual terms and conditions. The SME that won the contract—probably unbeknownst to them, because they may not have hired a lawyer to look through the contract—signed up for unlimited liability. Essentially, you're putting up the entirety of your company. If you're a small business with 10 employees, and the company might be evaluated at $400,000, $500,000, $600,000, $700,000, you're putting up that $600,000 or $700,000 company against the government, from a legal perspective, for a $75,000 contract.
In the private sector, when they deal with each other or when they deal with other municipal governments or provincial governments or state-based governments, liability doesn't usually exceed the value of the contract. How can I be unlimited in my liability to you when the contract's only worth $75,000?
That's just one example of the old migrating into what was an attempt at a new type of agile procurement.